Mr. Rajesh Bindal, J.: - Defendant no. 1 has filed the present petition impugning the order dated 5.2.2015 (Annexure P-1) passed by the learned Court below whereby the application filed by him for permitting him to sign the written statement already filed and also to file affidavit in support of that, was declined.

2. Learned counsel for the petitioner submitted that in the suit for specific performance of the agreement to sell dated 11.4.2005 filed by respondent no. 1/plaintiff on 21.4.2006, the petitioner appeared on 5.11.2007. Subsequent thereto, the written statement was filed, which inadvertently was signed only by the counsel and not by the petitioner/ defendant. The error was not noticed even by the plaintiff. It was not pointed out by counsel for respondent no. 1/ plaintiff at the time of filing replication or at any stage of proceedings. The plaintiff led his entire evidence. The witnesses produced by him were even cross-examined by the petitioner/ defendant. However, no objection was raised. It is when defendant no. 1 was to start his evidence that it was noticed that the written statement already filed had not been signed by the petitioner/ defendant. The error h